CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, March 26, 2012

Murphy on Sentencing Alternatives from Neuroscience and the Policy of Problem-Solving Courts

Emily R. Murphy has posted Paved with Good Intentions: Sentencing Alternatives from Neuroscience and the Policy of Problem-Solving Courts on SSRN.  Here is the abstract: 

The brain-invasive nature of certain novel therapies provokes discussion of the proper institutional role and competencies of a drug court and its participants; centrally, the setting-aside of the traditional adversarial model for a therapeutic team-based model leveraged by the criminal justice system. 

Advances in basic and clinical neuroscience will soon present novel options for prediction, treatment, and prevention of antisocial behavior, particularly drug addiction. These hard-won advances have significant potential to improve public health and safety and increase efficiency in delivery of treatment and rehabilitation. Such therapies will undoubtedly find a large portion of their target population in the criminal justice system as long as drug possession remains criminalized. Improvements, however, are not without risks. The risks stem not only from the safety and side effect profile of such treatments, but also their insertion into a specialized criminal justice and sentencing system of “problem-solving courts” that may be overburdened, overpoliticized, undertheorized, and lacking sufficient checks and balances on institutional competency. While offering substantial therapeutic benefits, such developments might also short-circuit a critical policy discussion about the nature of drug use and its criminalization. 

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March 26, 2012 | Permalink | Comments (0)

Today's criminal law/procedure cert grant

Issue summary is from ScotusBlog, which also links to papers:

  • Florida v. Harris: Whether an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search of a vehicle.

March 26, 2012 | Permalink | Comments (0)

Sunday, March 25, 2012

Top-Ten Recent SSRN Downloads

Ssrn logoin criminal law and procedure ejournals are here. The usual disclaimers apply.

Rank Downloads Paper Title
1 1529 Law Deans in Jail
Morgan Cloud, George B. Shepherd,
Emory University School of Law, Emory University School of Law,
Date posted to database: January 25, 2012
2 503 The Effect of Graduated Response Anti-Piracy Laws on Music Sales: Evidence from an Event Study in France
Brett Danaher, Michael D. Smith, Rahul Telang, Siwen Chen,
Wellesley College - Department of Economics, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management , Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Unaffiliated Authors - affiliation not provided to SSRN,
Date posted to database: January 22, 2012 [3rd last week]
3 496 Racial Disparity in Federal Criminal Charging and Its Sentencing Consequences
M. Marit Rehavi, Sonja B. Starr,
University of British Columbia, University of Michigan Law School,
Date posted to database: January 16, 2012 [2nd last week]
4 406 Big Law's Sixth Amendment: The Rise of Corporate White-Collar Practices in Large U.S. Law Firms
Charles D. Weisselberg, Su Li,
University of California, Berkeley - School of Law, University of California at Berkely - Center for the Study of Law and Society,
Date posted to database: January 11, 2012
5 286 Revisiting a Foreign Corrupt Practices Act Compliance Defense
Mike Koehler,
Butler University College of Business,
Date posted to database: January 11, 2012
6 218 Smooth and Bumpy Laws
Adam J. Kolber,
NYU School of Law,
Date posted to database: January 27, 2012 [8th last week]
7 210 SlutWalking in the Shadow of the Law: Rape and Sexuality in Legal Theory and Practice
Deborah Tuerkheimer,
DePaul University - College of Law,
Date posted to database: February 22, 2012 [10th last week]
8 227 The Law and Economics of Fluctuating Criminal Tendencies
Murat C. Mungan,
Florida State University - College of Law,
Date posted to database: January 19, 2012 [6th last week]
9 224 Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability
Joan MacLeod Heminway,
University of Tennessee College of Law,
Date posted to database: January 31, 2012 [7th last week]
10 218 The Empirical Turn in International Legal Scholarship
Gregory Shaffer, Tom Ginsburg,
University of Minnesota - Twin Cities - School of Law, University of Chicago Law School,
Date posted to database: February 14, 2012 [9th last week]

March 25, 2012 | Permalink | Comments (0)

Murray on The Concept of Harm in Constitutional Criminal Procedure

Justin S. Murray has posted The Concept of Harm in Constitutional Criminal Procedure on SSRN.  Here is the abstract: 

Harm is a pervasive doctrinal concept in constitutional criminal procedure. The Sixth Amendment protects a criminal defendant’s right to effective assistance of counsel — so long as she can prove that counsel’s deficient performance prejudiced her defense. On direct appeal, a reviewing court must vacate a criminal conviction obtained in violation of constitutional rights — unless the government can prove that the error was harmless. When challenging the constitutionality of a conviction via the writ of habeas corpus, a state prisoner is only permitted to advance claims previously raised in the state court system — unless she can demonstrate good cause for not raising the claim earlier, as well as actual prejudice flowing from the constitutional violation. No constitutional or statutory provision dictates that harm-related constructs ought to play a role in these rules. Nevertheless, courts have grafted such elements deeply into their doctrinal structure. The same pattern recurs in countless other facets of constitutional criminal procedure. 

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March 25, 2012 | Permalink | Comments (0)